Anti-soda tax coalition makes appeal for speedy appeal

by Julia Terruso, Posted: December 30, 2016

Attorneys hoping for a legal reversal to strike down the city's beverage tax want the court to move quickly to hear its appeal.

In an application to expedite filed in Commonwealth Court on Friday, attorneys Shanin Specter and Marc Sonnenfeld asked the court to hear arguments the week of April 3. The tax takes effect Jan 1 and the first collection is scheduled for Feb. 20.

The city has agreed not to oppose the request.

Court of Commons Pleas Judge Gary S. Glazer threw out the coalition's complaint, which called the tax unconstitutional, on Dec 19. The group filed a notice to appeal four days later.

Allowing the case to proceed at the standard rate would "allow Philadelphia to enforce an invalid, unconstitutional tax for a longer term and thereby magnify the large and irreparable losses that will result from the tax," the brief reads.

Those appealing include the American Beverage Association, John's Roast Pork, Metro Beverage of Philadelphia, Inc., City View Pizza and the Pennsylvania Food Merchant's Association.